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<br />• SECONll ADDENDUM TO SAND AND GRAVEL LEASE
<br />BETWEEN
<br />LA POIJDRE SAND & GRAVEL, INC., Lessor,
<br />AI]D
<br />LOVELAND EXCAVATION CO., Lessee.
<br />This SECOND ADDENDUM is entered into as of the 1st day of
<br />October, 1983, i`or the same considerations as the Original
<br />Lease between these parties, dated January 1, 1982, with the
<br />exception of the: additions or deletions hereinafter set forth,
<br />and it is llereb}~ declared and acknowledged to be a part of
<br />said orip,inal Lease and is hereby incorporated into the Ori-
<br />gin Lease by reference as though fully set forth therein. In
<br />[he event of differences or inconsistencies between the pro-
<br />visions of the Original Lease and this Second Addendum, the
<br />provisions of this Second Addendum shall prevail and be con-
<br />trolling.
<br />Sect_i.on 1. Paragraph 3 of the Original Lease is amended
<br />• to read in i.ts entirety as follows:
<br />"3. Subject to the rights and uses heretofore previously
<br />granted to the Colorado Division of Wildlife, Lessee shall have,
<br />and it is hereby given and granted, the right to enter into and
<br />take over immediately the sole and exclusive possession and con-
<br />trol of said property, and the whole and every part thereof, and,
<br />during the term of this agreement, to remain in the sole and ex-
<br />clusive possession and control thereof, and to sample, examine,
<br />test, develop, work, mine, operate, use, manage and control the
<br />same and of the water and water rights appurtenant thereto, and
<br />to mine, extract and remove from said property sand and gravel
<br />therein and appurtenant therein and belonging thereto, and to
<br />erect, construct, maintain, use and operate thereon and therein
<br />buildings, structures, machinery and equipment used in connection
<br />with the sale and extraction of aggregate and aggregate products."
<br />IN Ai.L OTHER RESPECTS, the Original Lease referred to herein,
<br />as amended by the First Addendum and this Second Addendum, shall
<br />be and remain in full force and effect.
<br />IN WITNESS SJHEREOF, the parties hereto have executed this
<br />SECOND ADDENDUM as of the date first above written.
<br />;~ ;
<br />LA POUDRE SAND & GRAVEL, INC., Lessor
<br />1~. ! r ~ j ,
<br />Attest: By : , .J•;
<br />• _ _ '` ~~
<br />_ ~ President
<br />,;
<br />Secretary
<br />LOVELA D E~CeAV TING CO., Lessee
<br />, /
<br />~ I
<br />BYE ~ r~ ~Ci_~.,. ~ ~ _~:(~
<br />Attest: ~ -
<br />~_
<br />` Secretary)
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